2012 LICENCE APPLICATION

Transcription

1 AND LIVESTOCK DEALER S AGENT 2012 LICENCE APPLICATION APPLICATION INSTRUCTIONS The following documents form part of the 2012 Livestock Dealer and Livestock Dealer s Agent License Application: 1. Livestock Dealer Licence Application; 2. Livestock Dealer Security Declaration; 3. Livestock Dealer s Agent Licence Application; 4. Licence Terms and Conditions; and 5. Trust Account Information. The application for a livestock dealer s agent licence is part of the annual licensing requirements and is to be completed by the livestock dealer and signed by each livestock dealer s agent. IMPORTANT NOTICE: (a) (b) (c) (d) (e) Every livestock dealer and livestock dealer s agent licence expires on December 31 st of the year it is issued. All licences must be renewed on or before the expiry date. It is an offence to deal in livestock without being licensed as a livestock dealer or livestock dealer s agent. The fee to issue or renew a livestock dealer s licence is $ plus $5.00 GST for a total of $ The fee to issue or renew a livestock dealer s agent s licence is $50.00 plus $2.50 GST to a total of $ All security provided in support of a livestock dealer s license must be in a form and amount acceptable to Livestock Identification Services Ltd. (LIS). Security for 2012 licenses must be set up to remain in place until at least March 31, Under section 54 of the Livestock Identification and Commerce Act security cannot be released until 60 days after LIS receives of a sworn Statutory Declaration, in a form acceptable to LIS, declaring that the livestock dealer has paid the sale proceeds in respect of all livestock and livestock products supplied or sold to the livestock dealer while the livestock dealer was licensed. When completing the Livestock Dealer Security Declaration you must provide an accurate number when declaring the number of head of livestock supplied or sold to you in the previous year. To simply state less than 20,000 is not sufficient detail. All livestock dealers are required to have a trust account in place prior to the issuance or renewal of a livestock dealer s license unless you apply for an exemption and your application is approved by LIS. An information sheet explaining livestock dealer trust account requirements is included with this application package.

2 - 2 - (f) Applications for livestock dealer and livestock dealer agent s licenses are governed by the Livestock Identification and Commerce Act and the Livestock Identification and Commerce Regulation. Issuing and renewing livestock dealer and livestock dealer s agent licences A livestock dealer licence and any livestock dealer s agent licenses cannot be issued or renewed until LIS has on file: 1. a fully completed and signed Livestock Dealer s Application; 2. a fully completed and signed Agent License Application for each agent; 3. a fully completed and signed Livestock Dealer Security Declaration; 4. satisfactory proof that a trust account is in place or a Sworn Trust Account Statutory Declaration and Undertaking; 5. satisfactory proof that the required livestock dealer s security is in place; and 6. payment of the livestock dealer s licence fee and all agent license fees. Please send the documents to: Livestock Identification Services Ltd. 109, 264 Midpark Way SE Calgary, Alberta T2X 1J6 Attention: Cam Camden Publication of contact information Upon the renewal of your livestock dealer and livestock dealer s agent licenses, the following business information will be published by LIS, on the LIS website, for each livestock dealer and livestock dealer s agent: Full name, if a company, co-operative or partnership the authorized representative, address, phone number, fax number and address. This business information is being published so that producers and others inquiring as to the status of a livestock dealer or livestock dealer s agent can obtain this information and contact the livestock dealer or livestock dealer s agent. Questions If you have any questions with respect to your application for a new livestock dealer s license or for the renewal of your license please contact Cam Camden: By phone: (403) or toll free at (866) By cam.camden@lis-alberta.com

3 2012 LICENCE APPLICATION Office Use Only File No. Client No. New application Renewal of licence Livestock Dealer licence fee: $ plus $5.00 GST total $ NAME OF LIVESTOCK DEALER (Please PRINT must be same as shown on security) If operating under a trade name Trade name: Street/Box City/Town Province/State Postal Zip/Code OFFICE PHONE CELL FAX BUSINESS IS: Individual Company Co-Operative Partnership If the applicant is a company, co-operative or partnership, the authorized representative of the applicant is: Note: Full Name (Please Print) Position Held (Please Print) The authorized representative is person from your company, co-operative or partnership who is authorized to apply for the livestock dealer s license and the livestock dealer s agent licenses and is the contact person for all communication with LIS. The application fee for a livestock dealer s license includes one agent license for the authorized representative. Trust Account: Check one of the boxes below: (a) A void trust cheque or a photocopy of a trust cheque is already on file with LIS (b) A void trust cheque or a photocopy of a trust cheque is enclosed with this application. (c) I wish to apply for an exemption from the trust account requirements. If (a) or (b) is checked off: Name of Financial Institution in Alberta Address of Financial Institution in Alberta Livestock dealer s agents: The livestock dealer s agents employed or under contract with the applicant, in addition to the authorized representative above, are listed on the Livestock Dealer s Agents Licence Application attached as Schedule A. The undersigned hereby declares that all of the information provided with this application is true and correct. If the application is being completed on behalf of a company, co-operative or partnership, the undersigned has authority to complete this application on behalf of the company, co-operative or partnership. By signing this application the undersigned acknowledges having read and accepted the Licence Terms and Conditions included with this Livestock Dealer Licence Application package. DATED this day of, 20. Print name

4 2012 SECURITY DECLARATION Office Use Only File No. Client No. City/Town DO DECLARE THAT: I,, of the City/Town of Print name of person making declaration in the Province/State of Province/State Note: Only fill in one of each statement in paragraphs 1 and 2. Cross off the one that is not applicable. 1. I am the applicant for a livestock dealer s licence. or I am the authorized representative of who is the applicant for a livestock dealer s licence. 2. The applicant is a livestock dealer who operates an abattoir. The annual volume of livestock purchased by the applicant for the 12 month period prior to the date of this declaration was head of livestock. or The applicant is a livestock dealer who does not operate an abattoir. The annual volume of livestock supplied or sold to the livestock dealer for the 12 month period prior to the date of this declaration was head of livestock. 3. The number of head of livestock set out in paragraph 2 by type of livestock is as follows: Cattle: Horses: Swine: Sheep: 4. I make this security declaration conscientiously believing it to be true, and knowing it is of the same force and effect as if declared before a Commissioner for Oaths or Notary Public and made under oath and by virtue of the Alberta Evidence Act. DATED this day of, 20. of Witness of livestock dealer or authorized representative of the livestock dealer Printed name of witness Phone number of witness The information on this form is being collected for the purposes of licensing livestock dealers and livestock dealer s agents in accordance with the Livestock Identification and Commerce Act and the Freedom of Information and Protection of Privacy Act. Questions about the collection, use and disclosure of this information can be directed to the Privacy Officer of Livestock Identification Services Ltd. at 109, 264 Midpark Way SE Calgary Alberta, T2X 1J6. Phone (403)

5 2012 LIVESTOCK DEALER S AGENT LICENCE APPLICATION Licence Fee - $50.00 plus $2.50 GST Total $52.50 each Office Use Only File No. Client No. NAME OF LIVESTOCK DEALER: The above named livestock dealer applies to licence the following persons as livestock dealer s agents. NAME OF AGENT Client #: Street/Box City/Town Province/State Postal/Zip Code PHONE CELL FAX I agree with the Licence Terms and Conditions of the livestock dealer s licence application. NAME OF AGENT Client #: Street/Box City/Town Province/State Postal/Zip Code PHONE CELL FAX I agree with the Licence Terms and Conditions of the livestock dealer s licence application. NAME OF AGENT Client #: Street/Box City/Town Province/State Postal/Zip Code PHONE CELL FAX I agree with the Licence Terms and Conditions of the livestock dealer s licence application. This information on this form is being collected for the purposes of licensing livestock dealers and livestock dealer s agents in accordance with the Livestock Identification and Commerce Act and the Freedom of Information and Protection of Privacy Act. Questions about the collection, use and disclosure of this information can be directed to the Privacy Officer of Livestock Identification Services Ltd. at 109, 264 Midpark Way SE Calgary Alberta, T2X 1J6. Phone (403)

6 AND AGENT LICENCE TERMS AND CONDITIONS 1. Each livestock dealer shall furnish minimum security in an amount prescribed by the Minister and payable to Livestock Identification Services Ltd. The Minister may require additional security. Security levels are based on the annual volume of livestock supplied or sold to the livestock dealer in the previous year of operation as indicated on a security declaration which must accompany the application form. The security levels are as follows: Livestock dealers who operate abattoirs and federally inspected packing plants Number of head Security 1,000 head or less $ 10,000 1,001 to 3,000 head $ 20,000 3,001 to 20,000 head $ 50,000 20,001 to 35,000 head $100,000 35,001 to 75,000 head $200,000 More than 75,000 head $500,000 All other livestock dealers Number of head Security Number of head Security 12,000 head or less $ 40,000 75,001 to 85,000 head $110,000 12,001 to 25,000 head $ 50,000 85,001 to 95,000 head $120,000 25,001 to 35,000 head $ 60,000 95,001 to 110,000 head $150,000 35,001 to 45,000 head $ 70, ,001 to 135,000 head $175,000 45,001 to 55,000 head $ 80, ,001 to 175,000 head $200,000 55,001 to 65,000 head $ 90,000 More than 175,000 head $400,000 65,001 to 75,000 head $100,000 Cattle and horses have an equivalent of 1. Swine have an equivalent of 8 to 1. Sheep have an equivalent of 10 to A livestock dealer shall not permit a person to deal in livestock on his behalf unless the person is licenced under the livestock dealer as a livestock dealer s agent or is the authorized representative of the livestock dealer. 3. Where a livestock dealer or livestock dealer s agent purchases livestock personally or as an agent of a purchaser or through an agent, or sells livestock on behalf of the owner or the owner s agent, shall pay the sale proceeds within 2 business days of price discovery or possession whichever is later. 4. If a livestock dealer receives sale proceeds from the purchaser before the seller is paid for the livestock, sale proceeds must be deposited into the livestock dealer s trust account. Information pertaining to livestock dealers trust accounts is provided with these Terms and Conditions (attached or on the reverse). 5. A livestock dealer or livestock dealer s agent shall deal in livestock and pay the sale proceeds in the name under which the livestock dealer is licensed. 6. A livestock dealer s agent shall (a) disclose the name of the livestock dealer on whose behalf the livestock dealer s agent is acting and (b) deal in livestock in the name under which the livestock dealer is licensed. 7. A livestock dealer and livestock dealer s agent shall not sell or supply livestock to a person dealing in livestock who the livestock dealer or livestock dealer s agent knows, or ought to know, is not licensed. 8. A livestock dealer shall comply with the Livestock Identification and Commerce Act, the Animal Health Act, the Animal Protection Act, the Stray Animals Act and the Health of Animals Act (Canada). 9. Any licence granted is subject to suspension or cancellation for cause and, upon such suspension or cancellation, the applicant will return the licence. 10. The name of the licensed livestock dealer and livestock dealer s agents and their mailing address, phone number, fax number and address will be posted on the LIS website.

7 TRUST ACCOUNT INFORMATION What are the legal requirements? As a livestock dealer, when you sell livestock and receive the sale proceeds from the purchaser before you pay the producer for the livestock, the sale proceeds are trust money which you must hold in trust for the producer. Under section 17 of the Livestock Identification and Commerce Act, if you receive trust money you must: (a) (b) maintain, separate from your other accounts, a trust account in a financial institution in Alberta, and deposit all trust money into the trust account. You can be exempted from the requirements to maintain a trust account if you satisfy LIS that you pay the seller or the seller s agent for all livestock supplied or sold to you before you receive the sale proceeds from the purchaser. What is a trust account? A trust account is simply a chequing account into which you deposit and pay out trust money. By placing trust money into a trust account and maintaining accurate records of each transaction, you keep money legally belonging to producers from your creditors in the event you encounter financial difficulties. Your trust account is a trust, in the sense that the money you deposit into your trust account belongs to producers who supplied or sold you livestock. It is not a formal trust requiring any legal documentation or other legal formalities. How do I open a trust account? A trust account must be opened with a financial institution in Alberta in the name under which you are licensed as a livestock dealer and must be designated as a trust account. All that is required to designate a chequing account as a trust account is for the financial institution to add the words Trust Account on the cheques and the bank statements issued for the account. Your trust cheques and business cheques must be printed on different coloured paper and be visually distinct. How do I use my trust account? Your trust account must only be used for the deposit and retention of trust money. All trust money must be deposited into your trust account within one business day of receipt of the money. A withdrawal from your trust account must be made by a cheque or bank transfer that is identified as a withdrawal from your trust account. If you are asked to hold trust money in your trust account for a seller, those funds must be paid to the seller within 2 business days of a request for payment. Can I be exempted from having a Trust Account? If you operate your business such that you never receive trust money (i.e. you always pay the producer for the livestock before you receive payment for the livestock) you may apply to LIS for a trust account exemption. If you are exempted from the trust account requirement you will be required to complete a Trust Account Statutory Declaration and Undertaking each year you are licensed and may be subject to random audits. Please contact Cam Camden at LIS if you have any trust account questions. He can be reached at by phone at (403) or by at cam.camden@lis-alberta.com.